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Hong Kong Non Disclosure Agreement Sample

The judicial clause defines the state laws that govern the confidentiality agreement. If confidential information is disclosed or used inappropriately by a party and legal action is filed, the laws of the agreed state apply and all trials or hearings take place in that state. Imagine, for example, that the receiving party uses the secret information in two products, but not in a third. You are aware that the receiving party violates the agreement, but you are willing to allow it because you receive more money and you do not have a competing product. After a few years, however, you no longer want to allow the use of secrecy in the third product. A waiver provision allows you to take legal action. The receiving party cannot defend itself by claiming that it has relied on your current practice of accepting its violations. Of course, the provision varies from side to side. If you violate the agreement, you cannot rely on the other party to accept your behavior in the past. You can complete or write your own confidentiality agreement. Here are the standard clauses that you should include and what they mean: know-how does not always refer to secret information. Sometimes this means a certain type of technical knowledge that may not be confidential, but is necessary to accomplish a task. For example, a collaborator`s know-how may be required to train other collaborators in how to make or use an invention.

Although know-how is a combination of secret and non-secret information, we recommend that you treat it as a protective trade secret. If you pass on the know-how to employees or contractors, you use a confidentiality agreement. When confirming an oral disclosure, avoid disclosing the contents of the trade secret. An email or letter is acceptable, but parties should keep copies of all of these correspondences. A letter of example is presented below. Non-solicitation Commission (also known as a “derivation provision”) An agreement that limits an ex-employee`s ability to recruit clients or employees of the former employer. PandaTip: In the paragraph above, provide a brief description of the relationship – z.B. “The unveiling party will support the receiving party in a way X.” Instead of having “established a business relationship,” you will often say that they are forming a business relationship, as you often enter into a confidentiality agreement before establishing a business relationship.

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